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| PRIVY COUNCIL APPEALS |
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AN ORDINANCE FOR REGULATING THE PROCEDURE ON APPEALS FROM THE SUPREME COURT OF CEYLON TO HER MAJESTY IN COUNCIL.
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| Ordinance Nos, |
| 31 of 1909 |
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| 19 of 1918 |
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[6th May
, 1910 ]
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1. This Ordinance may be cited as the Appeals (Privy Council) Ordinance.
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2. In this Ordinance and in the rules in the Schedule, unless the context otherwise requires-
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“appeal” means appeal to Her Majesty in Council;
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” court” means the Supreme Court of Ceylon consisting of either not less than three Judges, or of not less than two Judges, or of a single Judge, according as the matter in question is one which by virtue of the enactment or enactments constituting and regulating the Supreme Court or of any rules made thereunder properly appertains to a court of not less than three Judges, or to a court of not less than two Judges, or of a single Judge ;
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“Her Majesty” includes Her Majesty’s Heirs and Successors ;
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” judgment” includes decree, order, sentence, or decision ;
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” record ” means the aggregate of papers relating to an appeal (including the pleadings, proceedings, evidence, and judgments) proper to be laid before Her Majesty in Council on the hearing of the appeal;
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” Registrar” means the Registrar or other proper officer having the custody of the records in the court appealed from.
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Appeals from Supreme Court to Privy Council how regulated.
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3. From and after the commencement of this Ordinance the right of parties to civil suits or actions in the Supreme Court to appeal to Her Majesty in Council against the judgments and orders of such court shall be subject to and regulated by-
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(a) the limitations and conditions prescribed by the rules set out in the Schedule, or by such other rules as may from time to time be made by Her Majesty in Council; and
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(b) such general rules and orders of court as the Judges of the Supreme Court may from time to time make in exercise of any power conferred upon them by any enactment for the time being in force.
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Power of Supreme Court to regulate procedure under Ordinance.
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4.
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(1) The Judges of the Supreme Court or any three of them, of whom the Chief Justice or Acting Chief Justice shall be one, may from time to time make such general rules and orders of court as to them shall seem meet for regulating the form and manner of proceeding, where not specially provided for by the rules in the Schedule or by any rules made by Her Majesty in Council, to be observed in any proceedings before the Supreme Court under this Ordinance or under such rules as aforesaid.
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(2) In particular and without prejudice to the generality of the power conferred by the foregoing subsection such rules may-
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(a) declare in any case where express provision that behalf is not made by the enactments constituting and regulating the Supreme Court, whether the several matters and proceedings referred to in the rules in the Schedule properly appertain to a court of not less than three Judges, or to a court of not less than two Judges, or to a single Judge ;
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(b) require the appellant to deposit the amount required to defray the cost of translating, scribing, indexing, and transmitting to Majesty in Council a correct copy of the record of the action, and prescribe the time, which shall not exceed three months from the date of the hearing of the application for leave to appeal, within which such deposit shall be made;
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(c) prescribe the fees to be paid to the Registrar of the Supreme Court for examining and certifying copies of the record for transmission to the Registrar of the Privy Council.
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Schedules
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| Chapter 100, Volume No. 4, Page No.143 |
